Mobeen vs State Of Uttar Pradesh

Heard the learned counsel for the applicant through video conferencing as well as learned A.G.A. for the State and perused the record.

This bail application has been moved by the applicant- Mobeen for grant of bail, in Case Crime No. 120 of 2021, under Sections 3/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 295-A I.P.C., P.S.Hargaon, District Sitapur, during trial.

Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.

It is further submitted that the allegations in the F.I.R. against the applicant and co-accused Ali Hasan are that the cow of informant being distracted by a bull had gone into the agricultural field of the applicant and co-accused Ali Hasan and they had mercilessly beaten her with ballam and lathi, inflicting serious injuries resulting in the death of the Cow.

Highlighting the above factual matrix it has been vehemently submitted by learned counsel for applicant that in fact the Cow had died due to the fight which had occurred between her and a bull and on the basis of village enmity the name of the applicant and co-accused persons have been unnecessarily dragged in the matter.

It is further submitted that the case of the prosecution could also not be believed in the background of the fact that no apparent injury has been found on the person of Cow which may be attributed either to the ballam or lathi and as per the post mortem report, cow had died due to internal bleeding which may be a cause of her fight with the bull. It is also submitted that in the F.I.R. there are no allegations which may attract the ingredients of Section 295-A I.P.C. as the quarrel, even if the story of prosecution is taken on its face value, was strictly between the informant and the accused persons and, therefore, there was nothing which may involve the community at large.

It is further submitted that the recovery of 'Ballam' at the instance of the applicant could also not be believed in the absence of independent witness and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty.

It is further submitted that the applicant is in jail in this matter since 20.02.2021 and is not having any criminal antecedents.

Learned A.G.A. however, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, therefore, he is not entitled to be released on bail.

Having heard learned counsel for parties and having perused the record, it is evident that in the post mortem report, no apparent injury has been found on the person of the Cow and it is reported that she had died due to internal bleedings. There is no averment in the F.I.R. which may attract the ingredients pertaining to Section 295-A I.P.C. The alleged offences against the applicant are triable by the Magistrate. The applicant is in jail in this matter since 20.02.2021. No injury has been found on the person of cow which may be attributed to Ballam.

Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance in the submissions of learned counsel for applicant only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.

Let the applicant - Mobeen involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicant shall cooperate in the investigation of the case and shall be available to the Investigating Officer as and when required.

(ii) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(iii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

(iv) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

Observations made herein above by this Court are only for the purpose of disposal of this bail application.